Union Parts of the Constitution
PART – I:
ARTICLES (1-4): Territory of India, union of India,
creation and formation of states.
-Territory of India implies all physical boundaries including UT
and all territorial waters.
-Territorial Sovereignty is covered till 12 nautical miles,
continental shelf and exclusive economic zones till 220 open skies.
-Union of India implies all the constituent parts / states of
Indian Govt. and its relations with state Govt.
Article – 1: India i.e. Bharat shall be a ‘Union of
states’, which means Indian federation is not the result of agreement between
centre & states. Hence the term federation is not mentioned in Indian
const. Indian Federation is the result of both ‘Agreement, disagreement’ /
‘Integration, disintegration’ both ‘holding together, coming together’. It is
the result of ‘Centripetal & Centrifugal’ forces. As Indian federation is
not the result of agreement, states can’t go away from union. Indian
union is indestructible with destructible states (units).
Article – 2: Admission & transfer of new territories in
India. Goa, Daman Diu, Dadra Nagra Haveli, Pondicherry. Sikkim was admitted to
Indian union. ‘If a new territory is admitted & formed into a state, it is
called ‘Creation of state’.
Articles - 3: deals with
Formation of MP and Chhattisgarh from MP (Formation –
breaking into small states.)
Merge: 2 into 1 Ex: Andhra state + Hyderabad state =
Andhra Pradesh
(Diminish: reducing the boundary)
(Increase: increasing the territory)
(Alteration: alteration i.e. reorganization of the states). (Names
of states).
Bill relating to the above
things will be introduced in either houses of the parliament.
· UP
state trying to break is extra constitutional.
· Only
centre can initiate the process which is constitutional.
· Simple
majority: move than half of the members present & voting other than
total. Ex: of 545 members, 400 present. So, simple majority = 201
· Both
houses should approve the bill separately after which president gives his
assent & the bill becomes an act.
· No
house prevails over the others.
· President
is bound to give his assent.
Article – 4: If any amendment made to articles 2,3 then
article 4 is automatically amended. It contains the names of states, UT.
Dynamics of formation of states:
Language: In 1947-48, central Govt. appointed S.K Dhar commission to
consider the demand of the linguistic states; consists of Panna Lal and Jagath
Narayana lal chaired by S.K.Dhar.
This commission rejected linguistic state. 1st state
to demand: Telugu
Committee J-V-P: (Nehru, Patel, Pattabhi),
appointed by congress party in 1948.
· This
committee also turned down linguistic state. However the demand of Telugus may
be consider separately.
· However
in 1952, P. Sriramulu (Oct 19), started fast unto death in Madras at the
residence of Bulusu sambha murthy.
· But
he died on 15 Dec, 1952 after 58 days. After this, J.Nehru announced formation
of Andhra.
Kailashnath Vanchu committee: (form. C.J. of R.J. H.C)
in 1953 to decide the division of Madras state. Accordingly, Andhra state was
formed on 1st Oct 1953 with 11 districts. 4 rayalaseema, 7
coastal districts, Kurnool as capital. 1st CM of Andhra state:
T. Praksham, Assembly – Hyderabad, High court – Guntur, capital – Kurnool.
States reorganizing committee: (SRC)
· In
1953, Fazal ali charied SRC which had its members K.M Phanikar, H.N. Khunjru.
· This
commission submitted its report in 1955 and recommended for reorganization of
states.
· Accordingly,
parliament made 7th amendment of const. in 1956 and also states
reorganization act, 1956.
· With
this act, all category of states stand abolished and all the states were
placed. Under same footing.
· Hyderabad
state was merged into Andhra state and it became Vishala Andhra or Andhra
Pradesh on 1st Nov, 1956, with neelum sanjeev reddy as 1st CM
of Andhra pradesh.
· Initially
20 districts, now 23 districts for A.P before 11 districts for Andhra state.
· Likewise
14 states were reorganized from 29 states and had 6 union territories.
· As
on today there are 28 states, 7 UT’s.
Newly formed states after 1956:
1960: Gujarat was formed by dividing Bombay state into
Maharashtra. – 15th state – Gujarat.
1963: Nagaland – 16th, by separating from Assam.
1966: Haryana from Punjab -17th state
1971: HP – 18th which was earlier a UT.
1972: 3 states – Manipur -19th, TR – 20th,
MG – 21st, with NE states reorganization act, 1971.
1975: SK – 1975 – 36th Amend – 22nd state,
1974 – 35th amend
– SK was associated into Indian Territory. (SK: least populated).
1987: MZ-23rd, Arunachal Pradesh-24th earlier
UT’s made into states.
1987: Goa – 25th state of India. Goa became part
of India in 1961, a portug. ----.
It was given a
constitutional status as UT in 1962 by 12th const. amendment.
It was acquired & was made UT in 1962.
2000: Chhattisgarh from MP as 26th state.
Uttarakhand from UP on 9th Nov as 27th state.
Jharkhand from Bihar on 15th Nov as 28th state.
Changing the names of the states:
1950: United Province became Uttar Pradesh
1960: Bombay became Maharashtra
1968: Madras state became Tamilnadu
1973: Mysore state became Karnataka
2006: Uttaranchal became Uttarakhand
2006: Pondicherry – Puducheery
2007: Assam – Asom
2010: Orissa – Odisha
2011: West Bengal – Paschima Banga
Latest movements for separate states:
· Telangana:
AP
· Kodagu:
Coorg (KA)
· Saurashtra:
GJ
· Vidarbha:
MH
· Bodoland:
AS
· Gorkhaland:
WB
· Vindhya
Pradesh: Awadh (MP)
· Tulunadu:
borders of KA, KL
· Harid
POradesh: UP
· Mitilanchal:
Kosala, ----
· Gondhwana:
borders of -----
· Manya
pradsesh: AP, MP, MH, ----
Recent UP
Awadh, Pashchim, Bundalkand
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